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(영문) 인천지방법원 2013.04.17 2013고단950
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 28, 2006, the Defendant was punished by a fine of KRW 2 million by a violation of the Road Traffic Act at the Incheon District Court on July 28, 2006, and a person who was punished by a fine of KRW 3 million by the same court on November 7, 2007.

【Criminal Facts】

On February 7, 2013: (a) around 23:15, the Defendant driven B CococoC vehicle in the state of alcohol alcohol concentration of approximately 0.11% from a section of approximately 1 kilometer to the road front of “Macheon-dong 301, Cheongcheon-dong,” located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that a person repents and reflects his/her misconduct and that he/she has no record of being sentenced to a suspended sentence or heavier punishment for the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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